The governing documents of a homeowners association, whether called a declaration of easements (a declaration), covenants, conditions, and restrictions (CC&Rs), or otherwise, will identify the provisions and restrictions that apply to the lot owners. The original developer of the subdivision likely wrote the original governing documents some years ago and created the restrictions to reflect what the developer envisioned for…
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If your Michigan condo or HOA is experiencing frequent conflicts, outdated restrictions, or legal uncertainty, your governing documents are likely outdated. Many community associations are still operating under declarations, master deeds, and bylaws drafted decades ago, and do not consider recent changes to Michigan law, evolving technology, and modern community needs. Outdated governing documents can leave your community association unable…
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If you are unsure about whether your condominium bylaws comply with the Michigan Condominium Act, we would recommend that your condominium association obtain a condominium report card from Hirzel Law, PLC to determine whether your bylaws are missing any required provisions.
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Can an association restrict an individual’s right to bear arms? The answer, though nuanced, is likely in the affirmative.
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Condominium associations should carefully review their architectural control provisions to determine if they adequately preserve the aesthetic character of the neighborhood.
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In Fox Pointe Association v Ryal, unpublished opinion of the Court of Appeals, issued July 23, 2019 (Docket No. 344232), the Michigan Court of Appeals held that a co-owner was responsible for the pre-existing bylaw violations of a prior co-owner after purchasing a condominium unit.
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